Partisan politics delay vote on state hate crimes legislation

AUSTIN Senate Democrats and Republicans were negotiating late Wednesday to try to save a bill that would strengthen the state's hate crimes law.

The Senate Criminal Justice Committee, made up of three Democrats and four Republicans, had been scheduled to vote on the bill Wednesday. But the vote was delayed after a key Republican stepped in and offered to work out a comprise.

According to the Democrats, Sen. David Sibley, R-Waco, told them he wanted to work on the bill.

''Sometimes no news is good news,'' Sen. Ken Armbrister, D-Victoria and committee chairman, said as he announced that negotiations were continuing and the vote would be postponed until today.

Sen. Rodney Ellis, D-Houston and Senate sponsor of the bill, said he hopes ''something good'' will come out of the negotiations.

Last Friday during a visit to Austin, President Clinton urged passage of the hate crimes legislation. Clinton's position has brought more attention to the issue, Ellis said.

Passed by the House earlier, the bill defines a hate crime as one motivated by a person's race, ethnicity, gender, disability, religion or sexual preference.

The bill toughens the criminal penalties for hate crimes and provides civil remedies for victims. It also provides for a prosecutor in the Texas Attorney General's Office to investigate hate crimes, special training for police on crimes motivated by hate and funds to help small towns prosecute such crimes.

In addition, the bill provides for a protective order that hate crime victims could seek against those who assault them.

Ellis and other Democrats said a major sticking point with the bill's opponents is the provision providing special protection because of a person's sexual preference. But Ellis said he's not willing to remove that category from the bill.

''Most constitutional scholars have said that the current statute is unconstitutional because of vagueness,'' Ellis said. ''I think it would be ridiculous to just go in and pass another statute that has the same problem.''

Sen. Robert Duncan, a Lubbock Republican and member of the criminal justice committee, said sexual preference always has been an issue with those opposed to the bill.

Duncan said earlier that he would vote against the bill and, as of late Wednesday, appeared to be still opposed to it.

''I remain opposed to the bill as it was drafted and passed out of the House,'' he said. ''I certainly am open to discussions about meaningful compromises.''

Duncan said some people believe the hate crimes bill could be a session buster.